200 likes | 315 Views
NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS AMENDMENT BILL. SELECT COMMITTEE ON LAND & ENVIRONMENTAL AFFAIRS. BACKGROUND. PROCLAMATIONS. LEGISLATIVE SPLIT. Environmental functions (mpas + species). Fisheries functions. Governance powers for both functions.
E N D
NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS AMENDMENT BILL SELECT COMMITTEE ON LAND & ENVIRONMENTAL AFFAIRS
LEGISLATIVE SPLIT Environmental functions (mpas + species) Fisheries functions Governance powers for both functions
NEW LEGISLATION TO IMPLEMENT SPLIT Also an improvement as MLRA did not have environmental management as a key objective
CLAUSE BY CLAUSE -DEFINTIONS • Department – update definition • fish – insert (fishing zones in MPAs) • marine protected area – update definition • marine waters – insert – inclusion of MPAs • national protected areas – update to include MPAs SECRET
CL 2-3 Objectives and application of Act • Amends objectives in section 2 - include marine waters/ MPAs • Section 4 (b) - updates terminology SECRET
Cl 4 – 5 savings and power to declare • 4 - important clause – amends section 14 of the Act to save the existing MPAs declared under the Marine Living Resources Act. • 5 – insert new s22A & B give the DEA Minister the power to declare MPAs, criteria, process and power of withdrawal SECRET
Cl 6 – 9 Consequential • Consequential amendments to sections 28, 31,34 and 47 • Enabled holistic inclusion of MPAs in the Act SECRET
Cl 10-11 – management & zonation • 10(s38) - MPA management may be assigned to a national organ of state (National Park) except the power to zone an MPA • Fishing zones – mandatory consultation with the Minister of DAFF • 11(s41) – Ensure that park zoning and MPA zoning do not conflict SECRET
Cl 12 – Exclusion of all mining related activities • S48 amended to exclude (in addition to mining) exploration, production or related activities from MPAs • Suggested during public comment process SECRET
Cl 13 – restricted activities • Insertion of new s48A which • lists the restriction on activities within MPAs • requires consultation with Fisheries Minister before zoning • saves existing zones done under the MLRA SECRET
Cl 14 management authorities and zoning • S52 – ensure consistency between zonation and park rules and consultation • MPA zones by Minister prevail over park rule if inconsistent • Requires publication of all park rules in the gazette SECRET
Cl 15-16 repeal and savings • 15 –s90 – section dealing with MPAs (S43) of the MLRA repealed • 16 – s91saves MPA regulations, permissions etc. made in terms of the MLRA SECRET
Ntafufu estuary IN Pondoland MPA Pondoland MPA Estuaries
DWESA CWEBE SECRET
THANK YOU SECRET